Senate Bill sb0082

    Florida Senate - 2002        (NP)                        SB 82

    By Senator Diaz de la Portilla





    34-127A-02

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; providing for the relief of

  4         Maria Verela, as personal representative of the

  5         Estate of Veronica Barcos, deceased, and on

  6         behalf of Janessa Barcos and Natalee Barcos,

  7         minor children of Veronica Barcos; providing

  8         for the relief of Ligia Iglesias and Alba Luz

  9         Avendano, as co-personal representatives of the

10         Estate of Zuleima Torres, deceased, and on

11         behalf of Ashley Barcos and Gianni Barcos,

12         minor children of Zuleima Torres; providing for

13         an appropriation to compensate them for

14         injuries sustained as a result of the

15         negligence of the department; providing an

16         effective date.

17

18         WHEREAS, just after midnight on September 1, 1997,

19  27-year-old Zuleima Torres was driving her vehicle in a lawful

20  manner over the 17th Street Bridge in Ft. Lauderdale, Florida,

21  and

22         WHEREAS, Veronica Barcos was a passenger in the vehicle

23  driven by Zuleima Torres, and

24         WHEREAS, the 17th Street Bridge was constructed of

25  reinforced concrete leading up to metal (steel) grating, which

26  could be raised to allow boat traffic to pass under the bridge

27  through the intercoastal waterway, and

28         WHEREAS, it had been raining sporadically for several

29  hours, causing the steel grating portion of the bridge to

30  become extremely slick, and

31

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    Florida Senate - 2002        (NP)                        SB 82
    34-127A-02




  1         WHEREAS, a BMW vehicle traveling ahead of Ms. Torres'

  2  vehicle was caused to spin out of control and come to rest

  3  facing oncoming traffic, and

  4         WHEREAS, as the vehicle driven by Ms. Torres came upon

  5  the BMW, Ms. Torres applied her brakes, causing her vehicle to

  6  fishtail on the metal grating portion of the bridge, swerve

  7  across the center divider, jump the curb and retaining

  8  railing, and plunge into the intercoastal waterway below,

  9  trapping both occupants inside as it sank to the bottom, and

10         WHEREAS, there was a bridge tender on duty who was

11  aware of the situation at the time of the accident but who did

12  nothing to alert oncoming traffic of the danger ahead, and

13         WHEREAS, the bridge had been the subject of numerous

14  maintenance and repair orders prior to the accident and was in

15  the process of being replaced by a new bridge then under

16  construction, and

17         WHEREAS, lawsuits were filed against the Florida

18  Department of Transportation, seeking compensation for the

19  deaths of Veronica Barcos and Zuleima Torres and asserting,

20  among other things, that DOT was on notice of the bridge

21  deficiencies yet failed to properly maintain the roadway

22  surface, and

23         WHEREAS, after vigorously litigating the case, the

24  parties fully mediated this case on April 24, 2001, and

25  reached a settlement of all claims, and

26         WHEREAS, the parties entered into a Stipulation of

27  Settlement in which the Department of Transportation agreed to

28  pay $583,333.33 to the family of Veronica Barcos and

29  $416,666.67 to the family of Zuleima Torres, and

30         WHEREAS, the department has previously paid $100,000

31  each to the claimants, pursuant to the limits upon waiver of

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    Florida Senate - 2002        (NP)                        SB 82
    34-127A-02




  1  sovereign immunity which are set forth in section 768.28,

  2  Florida Statutes, and agrees to affirmatively support a claim

  3  bill for payments totaling $800,000, NOW, THEREFORE,

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  The facts stated in the preamble to this

  8  act are found and declared to be true.

  9         Section 2.  There is appropriated from the General

10  Revenue Fund to the Department of Transportation the sum of

11  $483,333.33 for the relief of Maria Verela, as personal

12  representative of the Estate of Veronica Barcos, deceased, and

13  on behalf of Janessa Barcos and Natalee Barcos, minor children

14  of Veronica Barcos, for injuries and damages sustained. After

15  payment of fees, costs, and authorized expenses, the proceeds

16  recovered through the passage of this act shall be apportioned

17  equally between Janessa Barcos, surviving minor child of

18  Veronica Barcos, and Natalee Barcos, surviving minor child of

19  Veronica Barcos.

20         Section 3.  The Comptroller is directed to draw a

21  warrant in favor of Maria Verela, as personal representative

22  of the Estate of Veronica Barcos, deceased, and on behalf of

23  Janessa Barcos and Natalee Barcos, minor children of Veronica

24  Barcos, in the sum of $483,333.33, upon funds of the

25  Department of Transportation in the State Treasury, and the

26  State Treasurer is directed to pay the same out of such funds

27  in the State Treasury.

28         Section 4.  There is appropriated from the General

29  Revenue Fund to the Department of Transportation the sum of

30  $316,666.67 for the relief of Ligia Iglesias and Alba Luz

31  Avendano, as co-personal representatives of the Estate of

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    Florida Senate - 2002        (NP)                        SB 82
    34-127A-02




  1  Zuleima Torres, deceased, and on behalf of Ashley Barcos and

  2  Gianni Barcos, minor children of Zuleima Torres, for injuries

  3  and damages sustained. After payment of fees, costs, and

  4  authorized expenses, the proceeds recovered through the

  5  passage of this act shall be apportioned equally between

  6  Ashley Barcos, surviving minor child of Zuleima Torres, and

  7  Gianni Barcos, surviving minor child of Zuleima Torres.

  8         Section 5.  The Comptroller is directed to draw a

  9  warrant in favor of Ligia Iglesias and Alba Luz Avendano, as

10  co-personal representatives of the Estate of Zuleima Torres,

11  deceased, and on behalf of Ashley Barcos and Gianni Barcos,

12  minor children of Zuleima Torres, in the sum of $316,666.67,

13  upon funds of the Department of Transportation in the State

14  Treasury, and the State Treasurer is directed to pay the same

15  out of such funds in the State Treasury.

16         Section 6.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                          SENATE SUMMARY

21    Provides for the relief of Maria Verela, as personal
      representative of the Estate of Veronica Barcos,
22    deceased, and on behalf of Janessa Barcos and Natalee
      Barcos, minor children of Veronica Barcos. Provides for
23    the relief of Ligia Iglesias and Alba Luz Avendano, as
      co-personal representatives of the Estate of Zuleima
24    Torres, deceased, and on behalf of Ashley Barcos and
      Gianni Barcos, minor children of Zuleima Torres. Provides
25    for an appropriation to compensate them for injuries
      sustained as a result of the negligence of the Department
26    of Transportation.

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